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(영문) 서울서부지방법원 2020.01.15 2019가단8897
건물명도(인도)
Text

1. The Plaintiff, from September 1, 2018 to September 1, 2018, Defendant C shall be KRW 171,420 per month.

Reasons

1. Indication of claim;

A. On June 24, 2013, the Plaintiff, as the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), leased the instant real estate as the monthly rent of KRW 400,000 (payment on the last day of each month) and the lease term from July 1, 2013 to June 30, 2015, to the deceased G, who is the decedent of the Defendant C, D, and E.

B. The Defendant paid only the rent up to September 2018 while taking possession of the instant real estate and taking advantage of it, and did not pay the rent thereafter. Moreover, the Defendant lent the instant real estate to Defendant F without the consent or approval of the Plaintiff, a lessor, without delay.

C. The above lease contract was lawfully terminated upon delivery to each of the Defendants of the instant complaint, purport of claim, and application form for change of cause of claim, which contain the Plaintiff’s expression of intent to terminate the lease contract of this case based on the above grounds for termination.

Therefore, Defendant C, D, and E are obligated to return unjust enrichment equivalent to the rent in proportion to their respective shares of share of KRW 400,000 per month to the Plaintiff. Defendant F is obligated to deliver the instant real estate and jointly with Defendant C, D, and E to return unjust enrichment equivalent to the rent calculated in proportion to the rate of KRW 400,000 per month.

2. Applicable provisions;

(a) Defendant C, D, and E: Article 208(3)2, and Article 150(3) (a) of the Civil Procedure Act (a judgment made by deeming that the case is one of the parties);

(b) Defendant F: Article 208(3)3 of the Civil Procedure Act (Decision by public notice);

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